Dismissed by the Upper Tribunal

[melliek11]

Hi all

I am desperate for some help. Last Friday we had our appeal for my husband’s settlement visa dismissed.

We applied in Jan 09 and have been to appeal twice now, Now our solicitor is saying that we are to appeal to the court of appeal.

Our visa was refused on 281 and 320 11, the judge in the first appeal said that he still didn’t believe my husband would stay with me if in UK. Also that my husbands immigration history is so bad.

He came to UK in 2001 on a visitors visa and overstayed, he then claimed asylum in a fake name this was refused, he applied for the Ankara agreement (I don’t quite understand what this is). Then when we got together and planned to go back to his country (Turkey) and get married and apply for settlement visa. I was now pregnant and we were desperate to get this situation sorted. He then got caught working illegally in the November and has been in turkey ever since.

Then judge dismissed our appeal under the rules and human rights.

When we went to the appeal with the Upper Tribunal, it was much the same. Apart form the fact that the Judge and the Home office now dropped the 281, as they now believe our relationship is real. But she still dismissed it, again saying it was dismissed on the rules and human rights.

She said there were no ties to UK, and I can live in Turkey with my husband. The thing is that if I move to turkey (which I cant) we would either have to live in a small apartment in a little village where there are no English talking people and there are no near by hospitals, our daughter has terrible eczema that is exacerbated with the heat in this country let alone a hot country like turkey. I have uncontrolled Asthma again that is worsened by the heat. The other option would be to stay with his sister in a not so little village but there world be 8 of us in a 2 bedroom apartment. The list goes on and on as to why we can’t possible live in turkey.

There are no other options for us. The solicitor said that it now needs to go to the court of appeal as any further applications would most likely be refused under the same rules.

Have any of you guys had any similar experience and could give me some advice. Has anyone been to the court of appeal?

Please help I am desperate to get my husband home to his family, he is still to meet his daughter. I haven’t been back to turkey since as our daughter had some Neurological conditions and have now been given the all clear. We plan to go in November when it’s not so hot.

Any help would be great.

Melanie

[vinny]

See also Effect on family members.

[melliek11]

Hi thanks for quick reply, is this good or bad news, sorry i have absolutely no idea about any of these things.

melanie

[HRY2005]

Hi thanks for quick reply, is this good or bad news, sorry i have absolutely no idea about any of these things.

melanie

Really I believe Vinny was actually telling you to believe and pursue your case to the court of appeal, as it was stated in that case that its not appropriate that whether a British based family can relocate abroad is whether there's insurmountable obstacles. You might have a different decision at the court of appeal.

Another option would be if you can move to another country in the EU, then your husband could join you in that country, using the EU free movement directives. You can both return to the UK later after exercising your treaty rights in that country.

Good luck

[melliek11]

Hi, thanks for reply

I have re read it and it sounds very promisiing. I realy hope that we are successful in the court of appeal,

thanks again

melanie